Marvel Sues Disney

[Sarangel]

Comic superhero stable Marvel Enterprises has sued Walt Disney, claiming the entertainment giant never had legal rights to make animated television programs based on comic book characters such as Spider-Man and X-Men.

In the suit, filed Friday in US District Court, Marvel accuses Disney of copyright infringement, fraud and unfair competition stemming from Disney’s distribution of animated episodes of Marvel characters.

“Disney does not have the right to distribute and profit from Marvel’s animated programming,” the suit states. “Disney’s continued telecasts over the ABC Family Channel and its other acts of exploitation infringe Marvel’s copyrights.”

New York-based Marvel said it entered into exclusive licensing agreements with companies that were eventually acquired by Disney, but never directly extended those rights to create or distribute programs based on Marvel characters to Disney.

Under copyright law, Disney needed to obtain written consent from Marvel before taking over rights originally licensed to the other companies, the suit contends.

The licensing agreements at issue in the lawsuit were made before Disney acquired Fox Family Worldwide in ’01. Made-for-television episodes of Spider-Man, X-Men and The Incredible Hulk were made in the late 1990s.

“Disney never had the rights (to) the properties in the first place and we’re claiming our rights back,” Marvel attorney Carole Handler said on Tuesday.

In the lawsuit, Marvel also reiterates charges made in a separate suit filed in July that Disney owes it millions of dollars in royalties stemming from the animated superhero series.

Marvel is seeking an unspecified amount of money for copyright infringement and other compensatory and punitive damages.

Disney, based in Burbank, did not comment on Tuesday.

In the July case, Marvel sued Disney in Los Angeles Superior Court, seeking nearly $55m in unpaid royalties and other damages. Disney responded to that lawsuit by asking the court to order arbitration. A decision is pending, Handler said.